Hawaii 2024 Regular Session

Hawaii House Bill HB775 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	HOUSE OF REPRESENTATIVES H.B. NO. 775 THIRTY-SECOND LEGISLATURE, 2023 H.D. 1 STATE OF HAWAII A BILL FOR AN ACT ESTABLISHING THE SOCIAL WORKERS FOR PUBLIC SAFETY PILOT PROGRAM. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
2	2
3	3	HOUSE OF REPRESENTATIVES H.B. NO. 775
4	4	THIRTY-SECOND LEGISLATURE, 2023 H.D. 1
5	5	STATE OF HAWAII
6	6
7	7	HOUSE OF REPRESENTATIVES
8	8
9	9	H.B. NO.
10	10
11	11	775
12	12
13	13	THIRTY-SECOND LEGISLATURE, 2023
14	14
15	15	H.D. 1
16	16
17	17	STATE OF HAWAII
18	18
19	19
20	20
21	21
22	22
23	23
24	24
25	25
26	26
27	27
28	28
29	29
30	30
31	31	A BILL FOR AN ACT
32	32
33	33
34	34
35	35
36	36
37	37	ESTABLISHING THE SOCIAL WORKERS FOR PUBLIC SAFETY PILOT PROGRAM.
38	38
39	39
40	40
41	41
42	42
43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
44	44
45	45
46	46
47	47	SECTION 1. The legislature finds that persons who are chronically unsheltered, mentally impaired, or suffer from a substance use disorder may be in need of rehabilitative assistance. These persons often have multiple encounters with law enforcement officers, who may lack the resources and training to effectively assist them. Many chronically unsheltered persons, persons experiencing a mental health crisis, or persons with substance use disorders become repeat petty-misdemeanor and misdemeanor offenders, cycling endlessly between jails, hospital emergency rooms, and the streets. These persons may struggle with rational decision-making and effective communication, and miscommunications during law enforcement encounters can place the person, law enforcement officers, and the community at risk. The legislature also finds that social workers have the training and expertise needed to provide rehabilitative help. Social workers can assist chronically unsheltered persons, persons experiencing a mental health crisis, or persons with substance use disorders in accessing shelter, psychiatric care, drug abuse treatment, or other assistive services. Allowing a social worker, also referred to under the State's position classification system as a human service professional, to accompany law enforcement officers on calls where the subject's mental health or housing may be at issue can help lower arrest, incarceration, and recidivism rates. Accordingly, the purpose of this Act is to establish the social workers for public safety pilot program within the department of public safety, or its successor agency. SECTION 2. (a) No later than days after the effective date of this Act, the department of public safety, or its successor agency, shall design and implement a five-year social workers for public safety pilot program that authorizes social workers or human service professionals to be on call or ready to accompany law enforcement officers when responding to incidents where a person may be unsheltered, suffering from a substance use disorder, or experiencing a mental health crisis. (b) A social worker or human service professional may be assigned to be on call to join law enforcement officers in responding to each report of a person who is: (1) Reportedly engaged in disorderly conduct, as defined in section 711-1101, Hawaii Revised Statutes; (2) Seemingly suffering from a substance use disorder; (3) Displaying signs of a mental health crisis; or (4) Experiencing homelessness. (c) Participation in the pilot program shall be optional for the detained person, who may choose not to interact with the social worker or human service professional. (d) Notwithstanding any other law to the contrary and if the law enforcement officers and social worker or human service professional deem it appropriate, the detained person may choose to follow the social worker's or human service professional's recommendations in lieu of arrest or citation. (e) The department of public safety, or its successor agency, shall inform the following, in writing, once the pilot program is operational: (1) The governor; (2) The lieutenant governor; (3) The attorney general; (4) The department of human services; (5) The public defender; (6) The prosecuting attorney in each county; (7) The registered members of the criminal justice and corrections section of the Hawaii State Bar Association; and (8) Homeless service providers in the State. (f) The pilot program shall terminate on July 1, 2026. (g) The department of public safety, or its successor agency, shall submit interim reports of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular sessions of 2024, 2025, 2026, and 2027, and shall submit a final report to the legislature no later than twenty days prior to the convening of the regular session of 2028. The reports shall include information and recommendations on the efficacy and costs of the pilot program. The final report shall also include a recommendation on whether the pilot program should be made permanent. SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for the social for public safety pilot program, including the establishment of five full-time equivalent (5.0 FTE) public safety social worker positions or human service professionals in the department of public safety, or its successor agency. The sums appropriated shall be expended by the department of public safety, or its successor agency, for the purposes of this Act. SECTION 4. This Act shall take effect on June 30, 3000.
48	48
49	49	SECTION 1. The legislature finds that persons who are chronically unsheltered, mentally impaired, or suffer from a substance use disorder may be in need of rehabilitative assistance. These persons often have multiple encounters with law enforcement officers, who may lack the resources and training to effectively assist them. Many chronically unsheltered persons, persons experiencing a mental health crisis, or persons with substance use disorders become repeat petty-misdemeanor and misdemeanor offenders, cycling endlessly between jails, hospital emergency rooms, and the streets. These persons may struggle with rational decision-making and effective communication, and miscommunications during law enforcement encounters can place the person, law enforcement officers, and the community at risk.
50	50
51	51	The legislature also finds that social workers have the training and expertise needed to provide rehabilitative help. Social workers can assist chronically unsheltered persons, persons experiencing a mental health crisis, or persons with substance use disorders in accessing shelter, psychiatric care, drug abuse treatment, or other assistive services. Allowing a social worker, also referred to under the State's position classification system as a human service professional, to accompany law enforcement officers on calls where the subject's mental health or housing may be at issue can help lower arrest, incarceration, and recidivism rates.
52	52
53	53	Accordingly, the purpose of this Act is to establish the social workers for public safety pilot program within the department of public safety, or its successor agency.
54	54
55	55	SECTION 2. (a) No later than days after the effective date of this Act, the department of public safety, or its successor agency, shall design and implement a five-year social workers for public safety pilot program that authorizes social workers or human service professionals to be on call or ready to accompany law enforcement officers when responding to incidents where a person may be unsheltered, suffering from a substance use disorder, or experiencing a mental health crisis.
56	56
57	57	(b) A social worker or human service professional may be assigned to be on call to join law enforcement officers in responding to each report of a person who is:
58	58
59	59	(1) Reportedly engaged in disorderly conduct, as defined in section 711-1101, Hawaii Revised Statutes;
60	60
61	61	(2) Seemingly suffering from a substance use disorder;
62	62
63	63	(3) Displaying signs of a mental health crisis; or
64	64
65	65	(4) Experiencing homelessness.
66	66
67	67	(c) Participation in the pilot program shall be optional for the detained person, who may choose not to interact with the social worker or human service professional.
68	68
69	69	(d) Notwithstanding any other law to the contrary and if the law enforcement officers and social worker or human service professional deem it appropriate, the detained person may choose to follow the social worker's or human service professional's recommendations in lieu of arrest or citation.
70	70
71	71	(e) The department of public safety, or its successor agency, shall inform the following, in writing, once the pilot program is operational:
72	72
73	73	(1) The governor;
74	74
75	75	(2) The lieutenant governor;
76	76
77	77	(3) The attorney general;
78	78
79	79	(4) The department of human services;
80	80
81	81	(5) The public defender;
82	82
83	83	(6) The prosecuting attorney in each county;
84	84
85	85	(7) The registered members of the criminal justice and corrections section of the Hawaii State Bar Association; and
86	86
87	87	(8) Homeless service providers in the State.
88	88
89	89	(f) The pilot program shall terminate on July 1, 2026.
90	90
91	91	(g) The department of public safety, or its successor agency, shall submit interim reports of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular sessions of 2024, 2025, 2026, and 2027, and shall submit a final report to the legislature no later than twenty days prior to the convening of the regular session of 2028. The reports shall include information and recommendations on the efficacy and costs of the pilot program. The final report shall also include a recommendation on whether the pilot program should be made permanent.
92	92
93	93	SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for the social for public safety pilot program, including the establishment of five full-time equivalent (5.0 FTE) public safety social worker positions or human service professionals in the department of public safety, or its successor agency.
94	94
95	95	The sums appropriated shall be expended by the department of public safety, or its successor agency, for the purposes of this Act.
96	96
97	97	SECTION 4. This Act shall take effect on June 30, 3000.
98	98
99	99
100	100
101	101	Report Title: Social Workers; Public Safety; Pilot Program; Law Enforcement Officers; Reports; Appropriation Description: Establishes a 5-year social workers for public safety pilot program in the department of public safety, or its successor agency. Authorizes social workers or human service professionals to accompany law enforcement officers in responding to incidents where a person may be unsheltered, substance addicted, or mentally impaired. Requires interim reports and a final report to the legislature. Appropriates funds for the pilot program, including positions. Sunsets 7/1/2026. Effective 6/30/3000. (HD1) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
102	102
103	103
104	104
105	105
106	106
107	107	Report Title:
108	108
109	109	Social Workers; Public Safety; Pilot Program; Law Enforcement Officers; Reports; Appropriation
110	110
111	111
112	112
113	113	Description:
114	114
115	115	Establishes a 5-year social workers for public safety pilot program in the department of public safety, or its successor agency. Authorizes social workers or human service professionals to accompany law enforcement officers in responding to incidents where a person may be unsheltered, substance addicted, or mentally impaired. Requires interim reports and a final report to the legislature. Appropriates funds for the pilot program, including positions. Sunsets 7/1/2026. Effective 6/30/3000. (HD1)
116	116
117	117
118	118
119	119
120	120
121	121
122	122
123	123	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.